Chapters 1-7 (part one) of the issues paper

The following is a concise overview of the first seven chapters of the Law Commission’s issues paper ‘Controlling and Regulating Drugs’. The Law Commission doesn’t ask specific questions in these chapters, but you are still able to provide your own comment on them.

Chapter 1: Introduction
Along with the Preface, chapter 1 provides context to the review and outlines the Commission’s perspective on the nature and extent of drug use in New Zealand.

Chapter 2: The harms arising from drug use
This chapter looks at drug harm and ways to measure harm. It provides a detailed examination of the harm to New Zealand from cannabis and methamphetamine.

Chapter 3: Drug policy
The basis of New Zealand’s current drug policy, harm minimisation, is explored. The polarising debate surrounding that terminology is briefly discussed. The need for a more balanced approach is highlighted; and the ‘three pillars of supply control, demand reduction and problem limitation’ are considered.

Chapter 4: The history and development of drug regulation
This chapter charts the development of drug law in New Zealand, including an overview of the last review of our drug law in 1973, Drug Dependency and Drug Abuse in New Zealand. The Commission make an important observation that that review – the Blake-Palmer Committee 1973 – strongly recommended greater emphasis on treatment and education.

Chapter 5: Current approach to drug regulation    
The current regulatory schemes used to control psychoactive substances are explored, including how the law must ensure adequate supplies of medicines. The relationship between the Medicines Act and the Misuse of Drugs Act is described, highlighting the obvious need to clarify the requirements in law surrounding control of - and legitimate access to - psychoactive drugs.

Chapter 6: New Zealand’s international obligations
This is an important chapter.  The Law Commission provide an extremely comprehensive analysis of New Zealand’s obligations under the three international drug control treaties.  They conclude the treaties provide for greater flexibility than our current law allows for dealing with lower level offending.

Chapter 7: Models of drug regulation
The Law Commission discusses the full range of drug control models, from strict prohibition through to legalisation. For each model the rationale, cost and benefits and examples in practice are explored, in many cases considering the model’s applicability within a New Zealand context.